People v. Redmond

Defendant was charged with unlawful possession of cannabis in conjunction with a traffic stop. The trial court granted defendant’s motion to suppress evidence, finding that the officer lacked probable cause to search the vehicle. The State appealed, arguing that the circuit court erred when it found that the odor of burnt cannabis emitting from a vehicle was insufficient to support probable cause. The appellate court affirmed, finding that there was no evidence that would lead a reasonable officer to conclude that there was a reasonable probability that the vehicle contained contraband or other evidence of criminal activity giving rise to probable cause to search the vehicle. (DAUGHERITY and HETTEL, concurring)